West Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in West Virginia, with full citations and the original source on every page.
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Can a combined local board of health (Wetzel-Tyler) buy land and build a new health-department facility, or does the county commission have to own the property?
The local board of health may itself acquire and hold real property and construct a new facility, so a county commission does not have to own it. If the Wetzel and Tyler County Commissions choose to b…
Can a West Virginia county commission buy a building it currently leases for its 911 center, and then lease part of the building to a private for-profit business?
Yes to the purchase, no to the for-profit lease. County commissions have broad express and implied authority to buy real estate for public purposes, including running a 911 center. But West Virginia l…
Does a West Virginia county commission have to pay back the legal fees of a Public Service District board member who successfully defended an ethics complaint, and does it matter that the county dissolved the PSD before the request was decided?
No to both. The AG concluded that a county commission has neither express nor implied authority to reimburse a PSD board member's legal fees, because, unlike with solid waste authorities or planning c…
Can a West Virginia county commission collect overdue emergency ambulance service fees by filing a civil lawsuit or by referring the debt to a collections agency?
Yes, both methods are valid. The AG concluded that a county commission's express authority under W. Va. Code § 7-15-17 to 'collect' ambulance service fees through ordinance is supported by Randy Waugh…
Can the West Virginia School Building Authority use FEMA flood-relief money to buy land for relocating damaged schools, even when its own regulations forbid spending Authority funds on site acquisition?
Yes, very likely. The AG concluded that the Legislature plainly authorized the Authority to administer 'all' federal funds for school construction, with 'construction project' defined to include 'the …
When the federal government conveys 32 acres to the Raleigh County Emergency Service Authority, does the Authority actually have legal power to own that real estate?
Yes, with a function-tied caveat. The AG concluded the Authority has implied authority to own real property under two independent sources: (1) the special-law grant in House Bill 2018 (Ch. 135, Acts o…
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Attorney general opinions in West Virginia are written by the West Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.